I adapted this from the Radon Waiver, so have your attorney check it out, then post it on your website, have the seller print it out, sign it and FAX it back to you. If they refuse, there’s probably a reason!
WATER DAMAGE WAIVER
Agreement to Hold Harmless for Damage Resulting from Inspection of Water-using Plumbing Fixtures and Appliances.
My signature below acknowledges that I have read and understand the following:
The (insert the name of your company), hereafter known as Inspector, has advised me that the subject property may be subject to damage resulting from normal operation during testing procedures of plumbing fixtures and appliances utilizing water to perform their function. These appliances include but are not limited to indoor and outdoor faucets, plumbing valves, toilets, showers, bathtubs, dishwashers, clothes washers, hot water heaters and hot water boilers.
My signature below constitutes permission for the Inspector to perform testing procedures consisting of the operation of said appliances in a normal fashionand in bestowing permission I agree to hold the Inspector, its agents, and employees
harmless and free from all liability and legal action relating to any damage resulting from the operation of such plumbing fixtures and appliances.
This waiver and release shall be binding on all my heirs, agents, assignees,
successors, and on any other person(s) who might otherwise be entitled to file suit
or make a claim on my behalf.
Client Signature_____________________________________ Date _________
I can’t see a property owner here signing such a waiver, first and foremost because the CAR purchase contract specifically states that the buyer is responsible for any damage caused by buyer’s inspections.
And I would think that if the property owner were to sign such a waiver, then the property owner certainly should have some say in choosing the inspector.
I would never sign such a waiver if I didn’t get to choose the service provider who was asking me to sign the waiver.
It seemed like a good idea at the time, but I haven’t actually tried using it. I just wrote it and posted it after reading the threads on problems with leaking appliances.
I’ve been thinking about it and how one could make it into, as Keith Swift says, another bump in the road on the way to Court. I can see possibly including it as a part of my home inspection agreement that the buyer signs, which might create that bump when the seller goes after the buyer and the buyer then comes after me.
I can’t see the seller signing it, but I think it’s an idea that could use some more thought and exploration.
So perhaps with some modification in consultation with one’s attorneys and insurance providers, one can create yet another bump. Don’t ya just love asphalt?